Violation of Protection / Restraining Orders (C.R.S. 18-6-803.5) is a crime where many people are unaware of the nature of the offense and the likely punishment upon a conviction. Violation of a Protection / Restraining Order can occur with two different types of orders: a criminal mandatory protection order (C.R.S. 18-1-1001) and a civil protection order (C.R.S. 13-14-102). In either case, the punishment for a conviction is the same in Colorado courts.
Denver, Arapahoe, and Douglas County statutory law provides that if someone violates the terms of a protection order, they will be charged with a new crime. The conduct supporting the violation could be communicating with the protected party in writing, by phone, by text, or through a third party. A common mistake is where the restrained party (the defendant in the civil or criminal case) speaks with a friend to give a message to the protected party. There are several other ways someone could intentionally or unintentionally violate restraining / protection order law. In any case, the Colorado Courts have found that this is considered a violation of Protection / Restraining Orders.
When a man or woman is charged with violating a protection order in Jefferson, Weld, or Adams County, they will either be face a Class 1 Misdemeanor (the more serious charge) or a Class 2 Misdemeanor charge. The difference between these two depends on whether the defendant has any prior violations of protection orders. If he or she does, then the District Attorney will charge him with the Class 1 Misdemeanor. The defendant will be face up to two years in jail and a $5,000.00 fine. When the defendant is charged with the Class 2 Misdemeanor, they face up to one year in jail and a $1,000.00 dollar fine. Either way, the accused defendant will need the help of an experienced Protection / Restraining Orders attorney to prevent a jail sentence.
Another crime closely tied to violation of a Protection / Restraining Order is Violation of Bail Bond Conditions under C.R.S. 18-8-102. Courts in Larimer, El Paso, and Eagle County add the mandatory protection order to the bail bond conditions. This trend sets it up so that when a person violates the mandatory protection order in a criminal case, they are also violating the bail bond conditions as well. This permits the DA to also charge a misdemeanor or felony Bail Bond Condition violation.
If you or a loved one have been charged with violation of a restraining / protection order, be smart, exercise your right to remain silent, and contact us at 303-731-0719. Together, we can protect your future.